Terms & Conditions

1 – GENERAL CLAUSE
Our sales are subject to the present general conditions, which prevail over any purchase conditions, unless we expressly waive them.

2 – CONFIDENTIALITY
All studies, plans, drawings and/or documents provided and/or sent by ATELIER SEDAP remain its property and may not be communicated to third parties by the purchaser for any reason whatsoever.

3 – FORMATION OF THE CONTRACT
In the event that ATELIER SEDAP draws up a quotation, this will constitute Special Conditions which modify or supplement the present General Conditions. In the event of an order received from the purchaser, it will only be considered as definitively accepted by ATELIER SEDAP after written acceptance on its part; it is this acceptance which will constitute, in this case, the Special Conditions.

4 – DELIVERY – TRANSPORT
Unless otherwise stipulated, delivery is deemed to have taken place in ATELIER SEDAP’s factories or warehouses.
If this delivery is delayed for a reason beyond ATELIER SEDAP’s control, it will be deemed to have taken place on the agreed date.
Unless otherwise stipulated, it is the purchaser’s responsibility to insure the costs and risks of transporting the goods sold after delivery.

5 – RESERVATION OF OWNERSHIP
ATELIER SEDAP retains ownership of the goods sold until full payment of the price in principal and incidental. Failure to pay any of the instalments may result in ATELIER SEDAP reclaiming the goods concerned.
These provisions do not preclude the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage it may cause.

6 – PRICES – PAYMENT TERMS – PENALTIES
The prices quoted by ATELIER SEDAP are exclusive of tax, unless otherwise stated; where applicable, their revisable nature and amount will be specified in the Special Conditions. Unless otherwise agreed by Atelier Sedap, payments are due within 30 days of invoice date.

7 – DEFERRALS OF DUE PAYMENTS
– deferrals requested less than 15 days before the due date: a charge of 1.5% per month of the amount due, plus a fixed charge of 10 euros excluding VAT.
– postponements requested more than 15 days before the due date: charge of 1.5% per month of the amount due, with a minimum charge of 10 euros excluding VAT.

8 – LATE PENALTIES
Law 2001-420 of 15/05/01, known as the “NRE law”: in the event of non-payment of our invoices by the due date, late payment penalties will be applied at the B.C.E. rate plus 10 points, with a minimum invoice amount of 10 euros excluding VAT. In the event of non-payment of a single invoice, the other invoices become immediately due and payable.

9 – PENALTY CLAUSE
In addition to the late payment penalty, any costs incurred in the collection of unpaid invoices will be borne by the customer, who will be required to pay a fixed sum of 40 euros (excl. VAT) following an unsuccessful formal notice.

10 – WARRANTIES
A – The goods sold by ATELIER SEDAP are guaranteed against all apparent and/or operating defects resulting from a defect in material, manufacture or design under the conditions below: The apparent defect must be reported to ATELIER SEDAP upon receipt of the equipment. Any operating defect must be immediately brought to the attention of ATELIER SEDAP within 7 days of delivery, in order for the good to be used in accordance with its intended purpose and nature.
B – ATELIER SEDAP’s warranty is excluded in all cases:
– if the defective material or design originates from the purchaser,
– if the defect results from an intervention on the good, carried out without authorization from ATELIER SEDAP,
– if parts have been replaced by parts of other origin,

– if the defective operation is the result of normal wear and tear or negligence or lack of maintenance on the part of the purchaser,
– if the equipment has been assembled and/or connected without following the instructions provided to users, – if the defective operation is the result of force majeure, – on bulbs, lamps, tubes (or similar, supplied with some of our products).
C – Thus defined, the ATELIER SEDAP warranty is valid for 1 year. In this respect, ATELIER SEDAP will replace (or repair as we see fit), free of charge, the parts recognized as defective by its technical services after return carriage paid to the address indicated by you and without ATELIER SEDAP being able to claim any compensation or reimbursement whatsoever for loss suffered or loss of profit, or any participation in the labour costs incurred by dismantling and/or reassembly, or any costs whatsoever resulting, directly or indirectly, from the unavailability of the equipment. Similarly, this warranty does not cover the cost of transport to the site.
The replacement of any parts found to be defective does not extend the warranty period as indicated above. Furthermore, if the shipment of the goods is delayed for a reason beyond the control of ATELIER SEDAP, the starting point of the warranty period is postponed, without this postponement exceeding 1 month.
D – ATELIER SEDAP’s liability is expressly limited to the warranties and reserves defined above, and may under no circumstances be sought or incurred as a result of incidents and/or accidents caused to persons or property in the event of abnormal installation and/or use or use that does not conform to the intended purpose or nature of our equipment.
E – Dimensions and weights of our models are given as an indication only.
F – ATELIER SEDAP reserves the right to modify the features and equipment of its models at any time.

11 – RESOLUTION CLAUSE
In the event of non-performance of its obligations by either party, the contract governed by the present General Terms and Conditions of Sale shall be terminated by operation of law in favor of the other party, without prejudice to any damages that may be claimed from the defaulting party. This termination will take effect 15 days after formal notice has been sent by registered letter with acknowledgement of receipt, which has remained unsuccessful.

12 – ATTRIBUTION OF JURISDICTION
Any dispute relating to sales and/or services provided by ATELIER SEDAP, which cannot be settled amicably, shall be subject to the exclusive jurisdiction of the Commercial Court of Nantes, to which jurisdiction is expressly assigned, even in the event of an action in warranty or multiple defendants.

13 – ACCEPTANCE AND OPPOSABILITY
The present General Terms and Conditions of Sale constitute a contractual element and accompany all commercial documents issued by ATELIER SEDAP. They are therefore enforceable against ATELIER SEDAP’s customers, who are deemed to have accepted them in the absence of any reservations made at the time of the order at the latest, and their essential clauses are, where necessary, clearly and legibly stated on the documents.